‘*Effective Date*’ means in respect of each Order,
the effective date stipulated in each Order, in the absence of
which it will be the date the Order is accepted by thisarmy;

‘*EULA*’ means an end user license agreement;

‘*Fees*’ means the fees, charges, or purchase
consideration indicated in the pricing matrix that Customer will
pay to thisarmy in respect of Goods and Services provided by
thisarmy under Orders;

‘*Penalties*’ means 3 months of the Fees taken into
account after 3 months of non-payment to thisarmy in respect of
Goods and Services provided by thisarmy under Orders;

‘*Goods*’ means any goods thisarmy provides to
Customer, under Orders;

‘*Order*’ means a goods or services order agreed to
and signed by both the parties describing the specific Goods or
Services to be provided by thisarmy to Customer;

‘*Services*’ means any services thisarmy provides to
Customer as specified in the features matrix, under Orders;

‘*Service Levels*’ means the levels according to
which thisarmy will provide each Service as agreed by the
parties;

‘*Sign*’ means the handwritten signature or advanced
electronic signature of the duly authorised representative of a
party;

‘*Signature Date*’ means the date of signature by
the party signing last;

‘*Terms*’ means these terms, consisting of:

these customer relationship terms; and

any other relevant specific terms, disclaimers, rules and
notices agreed between the parties, (including any that may be
applicable to a specific section or module of Tank or any specific
Goods or Services);

‘*Tank*’ means withtank.com, a platform (or hosted
application) for building a Website, including:

all content, goods or services, applications or apps available
through Tank; and

any other marketing material of thisarmy;

‘*thisarmy*’ means Thisarmy (Pty) Ltd;

‘*Website*’ means a website built on Tank by a
Customer; and

‘*Writing*’ means any mode of reproducing
information or data in physical form and includes hard copy
printouts, handwritten documents, fax transmissions, but excludes
information or data in electronic form.

Definitions in the Order. Words defined (or
assigned a meaning) in the Order will have that meaning in these
Terms, unless the context clearly indicates otherwise.

Interpretation. A word defined or assigned a
meaning in the Agreement will start with a capital letter. All
headings are inserted for reference purposes only and must not
affect the interpretation of the Agreement. Whenever
“including” or “include”, or
“excluding” or “exclude”, together with
specific examples or items follow a term, they will not limit its
ambit. Terms other than those defined within the Agreement will be
given their plain English meaning. References to any enactment will
be deemed to include references to the enactment as re-enacted,
amended, or extended from time to time. A reference to a person
includes a natural and juristic person and a reference to either
party includes the party’s successors or permitted assigns.
Unless otherwise stated in the Agreement, when any number of days
is prescribed in the Agreement the first day will be excluded and
the last day included. The rule of construction that an agreement
must be interpreted against the party responsible for its drafting
or preparation does not apply. GMT +2 will be used to calculate any
times.

Conflict. If there is a conflict of meaning
between these customer relationship terms and any other relevant
specific terms, policies, disclaimers, rules and notices agreed
between the parties, the specific terms will prevail in respect of
your use of the relevant section or module of Tank, or Goods or
Services.

Term

These Terms commence on acceptance and continue until
terminated.

Use of Tank

License to use Tank. thisarmy grants each
Customer a limited, revocable license to use Tank subject to the
Agreement. Any person wishing to use Tank contrary to the Agreement
must obtain thisarmy’s prior written consent.

Policies. thisarmy may establish general
polices and limits concerning the use of Tank. thisarmy may log
off, deactivate, or delete any Customer account.

Support and performance. thisarmy may provide
documentation to assist a Customer build a Website. Each Customer
is responsible for implementing and maintaining its Website,
including correcting any faults. To enable a great experience for
each Customer on Tank, each Customer must ensure that its Website
does not unduly degrade the performance of Tank, including
exceeding the quotas and limitations set by thisarmy (for example,
bandwidth). If this happens, thisarmy may suspend the Website.

Framing. No person, business, or web site may
frame Tank or any of the pages on Tank, or frame any websites on
Tank for the purpose of by-passing the paid-for Service. If this
happens, thisarmy may suspend the Website.

Domain redirection. No person, business, or web
site may redirect an existing domain to Tank or any of the pages or
websites on Tank for the purpose of by-passing the paid-for
Service. If this happens, thisarmy may suspend the Website.

Linking. A person, business, or web site may
link to Tank only by linking to the home page [http://withtank.com/] of Tank. thisarmy
prohibits Customer from “deep linking” to any other
pages in a manner that would incorrectly suggest endorsement or
support of Customer by thisarmy or suggests Customer is the owner
of any intellectual property belonging to thisarmy.

Spiders and Crawlers. No person, business, or
web site may use any technology (including spiders or crawlers) to
search and gain any information from Tank.

Modify

thisarmy may modify, suspend, or discontinue providing Tank or
any Goods or Services (with or without notice) and will not be
liable.

User Accounts

Passwords and Security. Only a registered
Customer can make offers. Each Customer is responsible for keeping
their password secure. Each Customer is solely responsible and
liable for activities that occur under their account. Customer
authorises thisarmy to act on any instruction given under
Customer’s account, even if it transpires that someone else
has defrauded both thisarmy and Customer, unless Customer has
notified thisarmy prior to thisarmy acting on a fraudulent
instruction.

Customers. Customer accounts registered by bots
or other automated methods are not permitted. Each Customer must
provide their full legal name, a valid email address, and any other
information requested in order to complete the registration
process. One person may only use each Customer’s login -
thisarmy does not permit multiple people to share a login.

Orders

Invitation to do business. The marketing of the
Goods or Services by thisarmy is merely an invitation to do
business or for Customer to make an offer to procure Goods or
Services. The parties only conclude a valid and binding Order when
thisarmy accepts the offer made by Customer. Unless proven to the
contrary, thisarmy only accepts an offer relating to Goods, when
thisarmy ships the Goods. If only part of the Goods relating to an
offer are shipped, thisarmy only accepts that portion of the offer.
Unless proven to the contrary, thisarmy only accepts an offer
relating to Services, when thisarmy begins providing the Services.
thisarmy may accept or reject any offer. If thisarmy does not
accept any offer, then thisarmy will refund any monies already paid
by Customer.

Cancel. thisarmy may cancel any Order at any
time in its absolute discretion. thisarmy will refund any monies
already paid by Customer.

Fees. Despite thisarmy’s best efforts,
the stated Fees may be incorrect. thisarmy will confirm the Fees
for any Goods or Services when thisarmy accepts the
Customer’s offer.

Third party terms. If a third party supplies or
delivers any Goods or Services directly to you, third party terms
or conditions may apply. Customers are solely responsible to ensure
they understand and agree to those terms.

Time and place. The parties conclude any
agreement between them at the time when a duly authorised
representative of thisarmy accepts the relevant offer and at the
place where thisarmy has its head office. thisarmy does not need to
communicate the acceptance of the offer to Customer.

Orders. The Terms in effect at the time
Customer makes an offer will govern the Order. Each Order will
create a separate agreement. Despite that, thisarmy may consider
the breach of any one Order to constitute a breach of any or all
Orders.

Stock availability. thisarmy may not always
have the Goods on which Customers make offers in stock. Customers
may cancel the offer or make another offer on the part of the Goods
that are in stock.

Capacity of Customer

Each Customer represents and warrants that Customer (and any
person who places an Order on thisarmy):

is old enough under applicable law to enter into the
Agreement;

is legally capable of concluding any transaction;

possesses the legal right, full power, and authority to enter
into the Agreement;

is authorised to use the password required for any account;
and

will submit true, accurate and correct information to thisarmy
and Tank.

If Customer is younger than 18 years of age, Customer warrants
that Customer has the consent of its legal guardian to enter into
the Agreement or that Customer has obtained legal status in another
manner.

Goods

Sale. thisarmy sells to Customer who purchases
the Goods on the terms of the Agreement.

Countries. Customer may only make offers for
Goods for delivery to the countries listed on Tank. If
Customer’s shipping or billing address is not listed as a
choice under the country category on Tank, Customer must not make
an offer. thisarmy is only able to sell into the countries listed,
and thisarmy is only able to ship to those countries.

Shipping and packing. thisarmy will display all
available shipping options and charges before Customers completes
Customer’s purchase. Unless otherwise agreed in writing,
thisarmy will select the specific mode of shipment of the Goods and
the cost of shipment will be for Customer’s account. thisarmy
will pack the Goods in accordance with thisarmy’s packaging
specifications for the Goods and the cost of packaging will be
included in the Fees.

Time until dispatch. Once thisarmy receives an
offer, thisarmy will endeavour to dispatch the Goods as soon as
reasonably practicable (which may be longer than 30 calendar days)
to the address specified in the offer. thisarmy will try to adhere
to the estimated delivery dates but accepts no liability for
failing to do so. Customer may not withdraw any offer due to a
delay in delivery.

Risk and ownership. All risk of loss or damage
to the Goods will pass to Customer upon physical delivery of the
Goods to Customer’s delivery address. Ownership in the Goods
will only pass to Customer upon the payment in full of the
Fees.

Services

Provision. thisarmy will provide the Services
to Customer at the Service Levels.

Support. Paid-for Services include access to
priority email support. “Email support” means the
ability to make requests for technical support assistance by email
at any time (with reasonable efforts by thisarmy to respond within
one business day) concerning the use of the paid-for Services.
“Priority” means that support for paid-for Services
customers takes priority over support for users of the standard,
free Services. thisarmy will provide support in accordance with its
practices,
procedures and policies.

Fees
and Payment

Fees and payment. Customer will pay thisarmy
the Fees. Thisarmy will invoice the applicable Fees in advance,
starting from the Effective Date. thisarmy may change the Fees and
payment terms upon 30 calendar days prior written notice to
Customer. Customer may cancel paid-for Services at anytime on 30
days written notice to thisarmy.

Due dates. Fees must be paid promptly on the
due date, without any deduction, set off or demand and free of
exchange in the currency specified in the Order.

Manner of payment. Customer must make payment
in the manner specified in the Order.

Late payments. The additional surcharges and
penalties specified in the Order will apply to any payment received
after the due date to cover collection fees and additional
administration costs. Customer must pay the surcharges and
penalties to thisarmy on-demand. thisarmy may withhold or remove
any Goods or halt the provision of any Services until Customer has
paid all amounts that are due.

Interest on overdue amounts. Any amount not
paid by Customer on the due date will bear interest for the benefit
of thisarmy, from the due date until the date Customer pays it. The
rate of interest will be either 2% above the published prime
overdraft rate from time to time of thisarmy’s bankers or
15%, whichever is higher. A letter signed by a general, branch or
other bank manager setting out their rate will be proof of the
rate. Interest will be payable on a claim for damages from when the
damages were suffered.

Appropriation. thisarmy may appropriate any
payment received from Customer towards the satisfaction of any
indebtedness of Customer to thisarmy under the Agreement.

Withhold payment. Customer may not withhold
payment of any amount due to thisarmy for any reason.

Certificate. A certificate, signed by an
accountant appointed by thisarmy, of the amount due by Customer and
the date on which it is payable will be conclusive irrefutable
proof of the correctness of the certificate’s contents.

Tax. All Fees exclude any tax (including value
added tax and other taxes levied in any jurisdiction), duty
(including stamp duty), tariffs, rates, levies and any other
governmental charge or expense payable, which will be payable where
applicable by Customer in addition to the Fees.

Costs to implement. Unless otherwise stated,
the parties will bear their own costs to implement (or perform
their obligations under) the Agreement.

Payment profile. Customer and any signatory
consent and agree that thisarmy may provide any registered credit
bureau with information about the payment of amounts.

Warranty

Warranty. The Goods will be subject to any
warranty indicated in the description of the Goods appearing on
Tank, the accompanying documentation, packaging, orEULA. Please
review those documents carefully. Customer will have the same
rights against thisarmy as thisarmy has against the supplier
regards defects in the Goods, the intention being that
thisarmy’s liability to Customer will be co-extensive with
the right of recourse thisarmy has against the supplier. thisarmy
will provide a copy of any warranty on request. To the extent
legally possible, thisarmy assigns to Customer the benefit of any
supplier warranties that a supplier may give to thisarmy regards
the Goods. Customer may not waive any of thisarmy’s common
law rights as against the supplier.

Sales representatives. No sales representatives
of thisarmy has the authority to bind thisarmy and no
representation, warranty or any other statements made or given by
any sales representative of thisarmy will be binding on thisarmy,
unless given in Writing and Signed by a duly authorised
representative of thisarmy.

Software

Please note that intellectual property laws protect all
software. Software is licensed, not sold, to Customer. Unless
agreed otherwise, the license for any software is contained in the
EULA. Customer will be required to agree to the EULA prior to use
of the software. The applicable EULA, which takes precedence,
governs the use of the software. If Customer does not agree to the
EULA, Customer must return the software in accordance with the
Return Policy for a refund of the Fees. If Customer uses the
software (or takes any other action that is described in the
packaging or software as constituting Customer’s consent to
the EULA), then Customer agrees to the EULAand may not be eligible
for a refund or return of the software, unless otherwise allowed in
the documentation accompanying the software or applicable law.

Resale and Exports

If a Customer wishes to resell or export any Goods, Customer
must obtain all required consents or licences under all applicable
laws and regulations, including the Export Administration
Regulations of the United States of America that may affect or
regulate any resale or export.

Websites

License. The Customer grants to thisarmy a
worldwide, royalty-free, and non-exclusive license to reproduce,
modify, adapt, and publish the Website and Content solely for the
purpose of displaying, distributing and promoting the
Customer’s Website. If Customer deletes a Website or Content,
thisarmy will use reasonable efforts to remove it from Tank, but
due to caching or references the Website or Content may not be made
immediately unavailable.

Data. thisarmy is not responsible for any
Website or Content.

Relationship between a Customer and a third party
independent. The relationship between any Customer and any
third party (including delivery of goods or services, and any other
associated terms, conditions, warranties or representations) is
between the Customer and the third party and is independent of
thisarmy.

Website terms. A Customer may stipulate terms
that apply to its Website. The terms must in no way weaken the
contractual position of thisarmy.

Acceptable use and Conduct

Responsibility. Each Customer is responsible
for its conduct, Website, or Content on Tank. Each Customer must
ensure that its users have the correct permissions to act on
Tank.

Prohibited conduct. Nothing may be unlawful,
harmful, threatening, abusive, harassing, defamatory, libelous,
invasive of another’s privacy, or harm minors in any way. Do
not harass, stalk, degrade, intimidate, or be hateful toward an
individual or group of individuals. No Customer may impersonate any
person, falsely state, or otherwise misrepresent its affiliation
with any person. Nothing may be false, deceptive, misleading,
deceitful, or constitute “bait and switch”. Do not
infringe any patent, trademark, trade secret, copyright, or other
proprietary rights of any party. Any chain letter, pyramid scheme,
or advertisement that is prohibited by law, is prohibited on Tank.
The advertising and provision of any illegal service or the sale of
any goods that are prohibited or restricted by applicable law are
prohibited. Malware or badware is prohibited. Do not negatively
affect the ability of any other Customer to use Tank. Do not employ
misleading email or IP addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content
transmitted through Tank. No Customer may impose an unreasonable or
disproportionately large load on thisarmy’s infrastructure.
Do not attempt to gain unauthorised access to Tank or engage in any
activity that disrupts or diminishes the quality of, interferes
with the performance of, or impairs the functionality of Tank.

Keywords. You must not describe or assign
keywords to your Website in a misleading or unlawful manner,
including in a manner intended to trade on the name or reputation
of others, and thisarmy may change or remove any description or
keyword that it considers inappropriate or unlawful, or otherwise
likely to cause any liability for thisarmy.

Intellectual Property

Ownership. Except as provided to the contrary
in the Agreement, all right, title, interest, and ownership
(including all rights under all copyright, patent, and other
intellectual property laws) in, to or of Tank are the sole property
of or will vest in thisarmy or a third party licensor. All moral
rights are reserved.

Trademarks. thisarmy’s logo and
sub-logos, marks, and trade names are the trademarks of thisarmy
and no person may use them without permission. Any other trademark
or trade name that may appear on Tank or other marketing material
of thisarmy is the property of its respective owner.

Restrictions. Except as expressly permitted
under the Agreement, Tank may not be:

modified, distributed, or used to make derivative works;

rented, leased, loaned, sold or assigned;

decompiled, reverse engineered, or copied; or

reproduced, transferred, or distributed.

Sufficient rights. No Customer may build any
Website for which it does not have sufficient rights.

Copyright infringement by a Customer. Each
Customer must promptly address any written notice to it that its
Website or Content infringes the copyrights or other rights of
another person. If a Customer does not promptly remove or change
the infringing element of the Website or Content specified in the
notice, thisarmy may remove the Website or Content without any
liability to any Customer.

Prosecution. All violations of proprietary
rights or the Agreement will be prosecuted to the fullest extent
permissible under applicable law.

Disclaimer of Warranties

Disclaimer. Use of Tank is at the sole
responsibility and risk of each Customer. Tank is provided on an
“as is” and “as available” basis. Except
for the warranties given in the Agreement, thisarmy expressly
disclaims all representations, warranties, or conditions of any
kind, whether express or implied, including:

any implied warranties or conditions of satisfactory quality,
no latent defects, merchantability, fitness for a particular
purpose, accuracy, system integration, quiet enjoyment, title, and
non-infringement; or

any warranties regards third party software.

thisarmy does not warrant that Tank will meet the requirements
of any Customer or be uninterrupted, be legally effective or
complete, timely, secure, error-free or free from infection by
malicious software. Each Customer should keep up-to-date security
software on the systems used to access Tank.

Exclusion of liability. Despite any warranty
given by thisarmy, thisarmy will not be liable regards any defect
arising from:

fair wear and tear, wilful damage, negligence, abnormal working
conditions, failure to follow its instructions (whether oral or in
writing), misuse, or alteration or repair of the Goods without
thisarmy’s express prior approval;

attachments, features or devices used on the Goods that are not
supplied or approved in writing by thisarmy;

the use of any version other than the current version of the
correct operating system software.

Indemnity

Each Customer agrees to indemnify, defend, and hold harmless
thisarmy (and its subsidiaries, Affiliates, officers, agents,
co-branders or other partners, and employees) from and against any
claim, demand, loss, damage, cost, or liability (including
reasonable attorneys’ fees) arising out of or relating to its
use of Tank.

Limitation of Liability

Correct faults. thisarmy will correct any fault
in Tank where possible and as soon as reasonably practical and this
is its entire liability regarding any fault in Tank. If this clause
is held inapplicable or unenforceable, then the following clause
will apply.

Direct damages limited. To the extent permitted
by applicable law, regardless of the form (whether in contract,
tort, or any other legal theory) in which any legal action may be
brought, thisarmy’s maximum liability to a Customer for
direct damages for anything giving rise to any legal action will be
an amount equal to the total fees already paid by the Customer to
thisarmy for the Goods or Services related to the claim. The
aggregate amounts for all claims will not be greater than the
maximum amount.

Indirect damages excluded. To the extent
permitted by applicable law, in no event will thisarmy (or its
personnel) be liable for any indirect, incidental, special or
consequential damages or losses (whether foreseeable or
unforeseeable) of any kind (including loss of profits, loss of
goodwill, damages relating to lost or damaged data or software,
loss of use, damages relating to downtime or costs of substitute
products) arising from the Agreement.

Other web site, goods, or services. thisarmy is
not liable for any other web site, goods, or service provided by
any third party.

fails to pay any amount due and fails to remedy the breach
within 2 calendar days of having been called on in writing to do
so;

effects or attempts to effect a compromise or composition with
its creditors; or

is provisionally or finally liquidated or placed under judicial
management;

Customer agrees that thisarmy may, to the extent permitted by
applicable law and without prejudice to its rights in the Agreement
or in law, deactivate or delete the Customer’s account,
terminate access to or use of Tank, claim specific performance of
the Agreement, or cancel the Agreement immediately on written
notice and claim damages from Customer (including, any claim for
any Fees already due).

Effects of termination. On the deactivation or
deletion of a Customer’s account, the Agreement will
terminate and access rights will immediately cease to exist. On
termination, cancellation or expiry of any Order all amounts due to
thisarmy for Services rendered or Goods ordered prior to
termination will become due and payable even if thisarmy has not
invoiced them. Customer may not withhold the amounts for any
reason, unless the arbitrator directs otherwise. The termination,
cancellation, or expiry of an Order will not affect the
enforceability of the terms that are intended to operate after
expiry or termination.

Disputes

Forum. Any claims by thisarmy against a
Customer for injunctive or equitable relief or regarding
intellectual property rights may be brought in any competent court
without the posting of a bond. The parties will, in the first
instance, refer any other dispute arising between thisarmy and a
Customer to the Customer Relationship Department of thisarmy, which
will use its best endeavours to resolve the dispute. If the parties
are unable to resolve a dispute, the dispute will be finally
resolved by expedited arbitration in accordance with the dispute
resolution procedures and rules of the Arbitration Foundation of
Southern Africa in the city where thisarmy has its head office in
English.

Statute of limitations. Any claim or cause of
action by a Customer arising out of or related to the Agreement
must (regardless of any statute or law to the contrary) be filed
within 12 calendar months after the claim or cause of action arose
or be forever barred.

Collection proceedings. thisarmy retains the
right to institute collection proceedings in a court of law of
competent jurisdiction for matters involving outstanding
payment.

Notices and Domicile

Notices. All notices, authorisations,
disclosures, acknowledgements, and requests must be sent by hand,
prepaid registered post, courier, facsimile, or electronic mail to
the addresses and numbers provided on Tank. By providing contact
information, each party consents to its use for administering the
relationship by the other party and other third parties that help a
party administer the relationship.

Domicile. Each party chooses its addresses and
numbers provided on Tank as its domicilium citandi et executandi
(its domicile for being served summons and execution levied) for
all purposes.

Change of addresses and numbers. Each party may
change the addresses and numbers provided on Tank.

Deemed Delivery. Notice will be deemed
delivered on the date shown on the by hand, prepaid registered
post, courier, facsimile or electronic mail confirmation of
delivery.

Notice actually received. If a notice is
actually received by a party, adequate notice will have been
given.

Circumstances beyond
Control

No party will be responsible for any breach of the Agreement
caused by circumstances beyond its control, including any breakdown
or failure of power supply, the Internet, any telecommunications
systems, or any computer hardware or software.

Cession and Assignment

No Customer may delegate its duties under the Agreement or
assign its rights under the Agreement, in whole or in part.
thisarmy may assign the Agreement to any successor or purchaser of
its business or some of its assets.

General

Entire Agreement. The Agreement constitutes the
entire agreement between the parties in respect of the subject
matter of the Agreement.

Changes. The Agreement may be changed at any
time by thisarmy and where this affects the rights and obligations
of a Customer, thisarmy will notify the Customer of any changes by
placing a notice in a prominent place on Tank (or by email). If a
Customer does not agree with the change the Customer should stop
using Tank. If a Customer continues to use Tank following
notification of a change to the Agreement, the changed terms will
apply to the Customer.

Fact related to Tank. A certificate, signed by
an administrator of Tank, of any fact related to Tank (including
the version of the Terms that governs a particular Order or dispute
and what content was published or functionality was available on
Tank at a specific point in time) will be conclusive irrefutable
proof of the correctness of the certificate’s contents.

Waiver. No granting of time or forbearance will
be, or be deemed to be, a waiver of the Agreement and no waiver of
any breach will operate as a waiver of any continuing or subsequent
breach.

Severability. If any term is void,
unenforceable, or illegal, the term will be severed and the
remainder of the Agreement will have full force and effect,
provided the severance does not alter the nature of the
Agreement.

Governing Law and jurisdiction. The Agreement
is governed by and must be interpreted under the laws of the
Republic of South Africa and Customer agrees to submit to the
exclusive jurisdiction of the South African courts.

Right to reference. Each Customer consents to
thisarmy using its name in any marketing or sales material.